Civil Liability Act 2018

3 Damages for whiplash injuries E+W

(1) This section applies in relation to the determination by a court of damages for pain, suffering and loss of amenity in a case where—

(a) a person (“the claimant”) suffers a whiplash injury because of driver negligence, and

(b) the duration of the whiplash injury or any of the whiplash injuries suffered on that occasion—

(i) does not exceed, or is not likely to exceed, two years, or

(ii) would not have exceeded, or would not be likely to exceed, two years but for the claimant's failure to take reasonable steps to mitigate its effect.

(2) The amount of damages for pain, suffering and loss of amenity payable in respect of the whiplash injury or injuries, taken together, is to be an amount specified in regulations made by the Lord Chancellor.

(3) If the claimant suffers one or more minor psychological injuries on the same occasion as the whiplash injury or injuries, the amount of damages for pain, suffering and loss of amenity payable in respect of the minor psychological injury or the minor psychological injuries, taken together, is to be an amount specified in regulations made by the Lord Chancellor.

(4) If regulations made by the Lord Chancellor so provide, the amount of damages for pain, suffering and loss of amenity payable in respect of—

(a) the whiplash injury or injuries, and

(b) a minor psychological injury or injuries suffered by the claimant on the same occasion as the whiplash injury or injuries,

taken together, is to be an amount specified in regulations made by the Lord Chancellor (notwithstanding subsections (2) and (3)).

(5) Regulations under this section may in particular—

(a) specify different amounts in respect of different durations of injury;

(b) specify amounts in respect of minor psychological injuries by reference to the duration of the related whiplash injury or injuries.

(6) Regulations under this section may provide for a person to be treated as if the person had taken reasonable steps to mitigate the effect of the person's whiplash injury or minor psychological injury.

(7) Regulations under this section amending or replacing earlier regulations may increase or reduce amounts payable in respect of injuries.

(8) Nothing in this section prevents a court, in a case where a person suffers an injury or injuries in addition to an injury or injuries to which regulations under this section apply, awarding an amount of damages for pain, suffering and loss of amenity that reflects the combined effect of the person's injuries (subject to the limits imposed by regulations under this section).

(9) Nothing in this section prevents the amount of damages payable being reduced by virtue of section 1 of the Law Reform (Contributory Negligence) Act 1945.

(10) This section does not apply in relation to damages payable by a person because of the person's breach of the duty under section 143(1)(b) of the Road Traffic Act 1988 (duty not to cause or permit any other person to drive without insurance or security in respect of third party risks).

(11) The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

(12) A statutory instrument containing regulations under this section is subject to affirmative resolution procedure.

Commencement Information

I1 S. 3 in force at 25.2.2021 for specified purposes by S.I. 2021/195, reg. 2(a)

I2 S. 3 in force at 31.5.2021 in so far as not already in force by S.I. 2021/195, reg. 3 (with reg. 4)